After you’ve applied for your trademark, there will unquestionably be a waiting period Assignment of Trademark in India approximately 18 months before your name is actually registered but now United States Patent & Trademark Office (herein recognized as the USPTO). Until then, it will be listed as “Pending.” Sometimes there are hold-ups; the USPTO probably doesn’t allow you to use the name you’ve chosen you will be eligible because there is the same name already trademarked. In this particular case, you will experience an “office action”, which is often a notification from the USPTO. If you do get an office action, it may due to the USPTO simply needing more information in order to complete your trademark application. However, it also may be because your name is blocked by another name, which is the worst scenario, and another belief that it is incredibly in order to purchase comprehensive research a person decide to file for your concept!
After your name is registered with the USPTO, between years 5-6 you’ll need file a “Continuous Use Form.” This form conveys to the USPTO which you’ve been using your trademarked name, and you prefer to continue to stay in business or to sell your products under that name. After a 10 year period, you’ll be required to renew your trademark. It is important to be aware that some maintenance is involved in keeping your trademarked name.
It is recommended that each year you commission research on your name. This happens to ensure that no-one has begun using your name since doing initial research on its availability. By continuing to do annual research, you are adding a greater sense of protection for your name and business. It is about you to remain informed on what businesses are utilising what marks, and how this might affect your individual personal business ventures.
Once trademarked, you may take legal recourse if another business has begun using your name. A “cease and desist” letter is an opportunity of conveying to another business that they are infringing upon your trade-name. While you do not need a trademark in order to draw up a letter such as this, developing a federally registered trademark provides you a greater ability to disallow the use of your name by another. These documents should always be drawn up by an attorney, rather than an individual, as the action conveys that you consider legal recourse against another business. Please communicate this USPTO directly, a trademark attorney OR a trademark research company if have got more specific questions about maintaining your trademark!